Reasons For Adding Claims To A Patent

By Jessica Sanders


Technology is drastically changing, and people are always surprised to see new devices virtually every day. As new technological systems give birth to new devices and processes, inventors should know that there is importance of Adding Claims to a Patent. By filing for a this, you safeguard your interest of the subject matter in the application. It is a critical subject whose knowledge can help a lot.

By definition, a patent is a set of limited rights provided by the federal government to the claimant that is valid for a certain period time in exchange to the benefits that come with public disclosure. Hence, filing provides descriptive information pertaining to an invention for which a claimant is seeking patency. This information is very integral to a filing, because, without such details, examiners will object it.

Still on protection rights, The U. S Patent and Trademark Office grants protection of an invention based on the details provided in the filing. One may fully describe an invention to the depths its working mechanisms, but that is just a prerequisite by the laws and statues. If an inventor fails to widely cover the claim portion, then everything is in vain, and all prospects of owning your own brand are shuttered.

The consideration of your application goes as far as the descriptions go. In other words, the weight of your application is measured by the detailed dependent clauses you provide describing your invention. Despite this fact, people still fail to see the need for such descriptions. That has made many people fall victim to infringements, for they leave a lot of loopholes that encourage infringers to pounce on any available opportunity to use your invention for their selfish benefits.

An attorney, in this case, is knowledgeable in Intellectual Property laws and has been adequately trained in safeguarding, enforcing and offering counsel on matters concerning patents. They engage their clients in discussions involving IP statutes and litigation issues. They also come in handy when seeking licensure for your brand. A certification on litigation laws allows an attorney to lead a counsel in a lawsuit to defend your rights as the inventor.

There have been instances where examiners decline to grant inventors the exclusive patents. That mainly occurs when they find the invention to be inspired by a previously existent art. An invention as such falls short of novelty. To counter objections, claimants are permitted by the law to amend some aspects of their applications. Some compelling reasons that sway people to amend their claims are expounded below.

One of the common and obvious amendments is combining two or more dependent claims in the application as part of the main document. Usually, an examiner will have already pointed out whether every dependent claim is challenged. That makes it easy to say whether their amendments will be strong enough to warrant considerable reviews. The benefit of using dependent clauses is that they reduce the cost of court prosecution, as they can be amended to challenge an objection.

Inventors can also make changes in their claims after protection has been granted. Normally, such amendments are meant to preserve the validity period. However, such reviews do not warrant an extension of protection rights.




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